The Ombudsman's final decision
Summary: We cannot investigate this complaint about legal costs incurred by a residents’ association which took legal action against the Council. This is because, having used a legal remedy, the complaint falls outside our jurisdiction and cannot be investigated.
The complaint
The complainant, Mr X, who represents a residents’ association, says the Council should refund the legal costs the association incurred in instructing solicitors to act in legal proceedings against the Council.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered information provided by Mr X, including the Council’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The restriction highlighted at paragraph 3 applies to this complaint. The residents’ association used a legal remedy against the Council, and while this may not have provided a complete remedy for the injustice claimed, the complaint falls outside our jurisdiction and cannot be pursued.
Final decision
We cannot investigate this complaint because the residents’ association used a legal remedy against the Council which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman